Monday, August 14, 2017

08142017 - News Article - Government rests as defense begins case in sheriff's trial



Government rests as defense begins case in sheriff's trial
POST-TRIBUNE NEWS
August 14, 2017
chicagotribune.com/suburbs/post-tribune/news/ct-ptb-buncich-trial-day-6-st-0815-20170814-story.html
Questioning his first witness Monday in Lake County Sheriff John Buncich's public corruption trial, defense attorney Bryan Truitt asked an area tow operator if he ever thought he had the power to alter the areas he towed by paying money or buying fundraiser tickets from the sheriff.

"Never," said Mitchell Mannino, owner of Alternative Towing in Merrillville.

The second week of Buncich's trial began Monday with a thorough dissection of the sheriff's campaign finance records, dating to 2013. Gerard Hatagan, an Internal Revenue Service agent, went through each year pointing out anomalies and alleged omissions.

By the afternoon, the government rested its case, and the defense began its arguments by calling Mannino. Over the next day or two, Truitt said he plans to call to the stand Gary Mayor Karen Freeman-Wilson, a member of New Chicago police, other tow operators, Lake County dispatchers and possibly Porter County Sheriff David Reynolds.

Truitt said the defense had not decided yet whether Buncich will take the stand.

In his testimony Monday, Mannino told the court he bought tickets for Buncich's fundraiser events, though not every year.

Truitt asked Mannino whether he ever thought there was a benefit or disadvantage to him, depending on the number of tickets he purchased.

"No," Mannino said.

While questioning Mannino, Assistant U.S. Attorney Philip Benson asked the tow operator how he paid for the tickets. Mannino initially replied cash before quickly following by saying he paid by check.

"How did that happen to come out of your mouth?" Benson said.

Mannino testified that he always paid with a business check and wasn't sure why he initially said he paid with cash.

Before Mannino's testimony, the majority of the day was spent going through Buncich's campaign reports.

Federal agents know that in October 2014, two Lake County tow operators each passed along $500 cash supposedly for fundraising tickets but Buncich's campaign finance reports show no record of that money, according to testimony presented Monday.

Benson asked Hatagan if a review of three years of Buncich's campaign finance reports indicated a receipt of that money.

"No," said Hatagan, a special enforcement program revenue agent.

Last week, federal prosecutors showed jurors undercover recordings of an Oct. 21, 2014, meeting between former Lake County Chief of Police Timothy Downs and Scott Jurgensen, of Samson's Towing in Merrillville, and William Szarmach, of CSATowing in Lake Station, where they each gave Downs $500 cash and $2,000 checks. The cash and checks allegedly were for fundraising tickets.

If those were in fact campaign donations, Hatagan said they should have been on the report. Hatagan said the two checks did show up on the reports for the Lake County Democratic Central Committee.

"The cash didn't make it, did it?" Benson said.

"It did not," Hatagan said.

Hatagan, who said he's reviewed campaign finance reports for the majority of his 30 years with the IRS, said he looked through the reports for Buncich Boosters, the Buncich Boosters Gaming Account and the Lake County Democratic Central Committee in search of contributions from certain individuals and corporations, namely Jurgensen, Samson's Towing, Szarmach and CSA Towing.

Benson asked about a series of contributions throughout the reports listed as "anonymous" cash donations, which ranged in the size of donations from a few hundred dollars to several thousand dollars.

"I have not seen this designation used previously," Hatagan said.

Benson asked about a series of anonymous donations the finance reports listed as from Schenectady, N.Y., with a ZIP code of 12345.

During the first week of the trial, jurors heard from Jurgensen, who recorded hours of audio and video of meetings between himself, Downs, Szarmach and Buncich. Both Downs and Szarmach pleaded guilty and testified about the scheme to solicit bribes in the form of fundraiser tickets or contributions to political campaigns.

Since his indictment, Buncich has maintained his innocence, refuting the allegations of federal prosecutors.

During questioning of Hatagan, Larry Rogers, Buncich's other defense attorney, asked Hatagan if he knew whether Downs had given money he received from Jurgensen and Szarmach to Buncich or Buncich Boosters. Hatagan said he did not know.

Hatagan also testified that Buncich did not have to deposit money immediately after receiving it, and the money could be deposited in increments.

During the course of testimony Monday, Judge James Moody ruled that federal prosecutors could not introduce information about deposits made into Buncich's personal and campaign bank accounts.

Truitt filed a motion Monday contesting the introduction of a prosecutor's exhibit showing deposits into those accounts. Truitt said the defense maintains the campaign contributions made by the tow operators were done without strings attached, according to court documents, but federal prosecutors say it was done for the donor to get some benefit, so it's not material where the money wound up.

Truitt said, in court documents, that evidence is not relevant to the charges against Buncich.

"Assume hypothetically, that the source of the money was proceeds from being a hit man. How would that be relevant and would only serve to prejudice the jury?" Truitt's motion read. "Going to the opposite, yet equally outrageous extreme, supposed the money was an award for his work ridding Africa of Ebola, the government would (be) strenuously objecting to the defense putting forth this evidence."

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